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M-9/26/1989 329 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 26, 1989 A meeting of the Santa Monica city council was called to order by Mayor Zane at 6:10 p.m., on Tuesday, September 26, 1989, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser councilmember William H. Jennnings (arrived at 6:14 p.m.) Councilmember Herbert Katz Councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen 88-1: CITY TV/MUNICIPAL CABLE TELEVISION STATION: Presented was a study session regarding city TV: the City's municipal cable television station, and the station's operations. Discussion was held. At 7:20 p.m., council adjourned for a short recess. At 7:35 p.m., the meeting was reconvened with all Councilmembers present. CLOSED SESSION: Not held. Councilmember Abdo led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 4-A: EMPLOYEE SERVICE PIN: Mayor Zane presented a 20 year service pin to Battalion Chief Paul H. stein of the Santa Monica Fire Department in recognition of his service to the city. 4-B: COMMENDATIONS TO FIREFIGHTERS/WORLD POLICE AND FIRE GAMES: Mayor Zane presented commendations to Santa Monica Fire Fighters, Barbara Held and John Skorstad, for athletic achievements in the World Police and Fire Games. 5-A: FIREARMS SALES/IS DAY WAITING PERIOD: Presented was the request of Mayor Pro Tempore Finkel to discuss direction to the city Attorney to prepare an ordinance prohibiting the sale of firearms for the duration of a 15 day waiting period. Mayor Pro Tempore Finkel moved to direct the City Attorney to prepare an ordinance prohibiting the sale of firearms for the duration of a fifteen day waiting period. Second by Councilmember Abdo. Discussion was held. During discussion the motion was amended to 1 September 26, 1989 I 330 include in the ordinance a fifteen day waiting period on the sale of ammunition, as well. The motion was unanimously approved. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Mayor Pro Tempore Finkel moved to approve the Consent Calendar with the exception of items 6-G, 6-H, and 6-1. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The city council minutes of September 5, and september 12, 1989, were approved as presented. 6-B: INDUSTRIAL WASTEWATER CONTROL PROGRAM/FEDERAL CLEAN WATER ACT: Ordinance No. 1494 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 5400, 5403, 5404, 5423, AND 5429 AND ADDING SECTIONS 5429A, 5432, 5433, 5434, AND 5414A TO THE MUNICIPAL CODE TO CLARIFY THE INDUSTRIAL WASTEWATER CONTROL PROGRAM AND TO ENSURE ITS COMPLIANCE WITH THE FEDERAL CLEAN WATER ACT," was adopted. 6-C: VENDING ORDINANCE: Ordinance No. l495(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2C TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE, AMENDING SECTION 3376 OF THE SANTA MONICA MUNICIPAL CODE, AND REPEALING SECTIONS 3336, 3381, 4300, 5121, 6233A, 6233B, 6233C, AND 6233D OF THE SANTA MONICA MUNICIPAL CODE RELATING TO VENDING, It was adopted. 6-D: PHYSICALLY HANDICAPPED PARKING ZONE/1213 Resolution No. 7911(CCS) entitled: "A RESOLUTION COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 1213 OAK adopted. OAK STREET: OF THE CITY PARKING ZONE STREET," was 6-E: STATE DEPARTMENT OF TRANSPORTATION, DIVISION OF AERONAUTICS/RUNWAY REPAIR: Resolution No. 7912 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE AVAILABILITY OF MATCHING FUNDS AND AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE DOCUMENTS FOR A $60,000 GRANT FROM THE STATE DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS AID TO AIRPORTS PROGRAM FOR REHABILITATION OF THE RUNWAY, It was adopted. 6-F: FINAL TRACT MAP 47238/CONDOMINIUM PROJECT/843 17TH STREET: Resolution No. 7913 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47238," thereby approving Final Tract Map 47238 for 5-unit condominium project at 843 17th Street, was adopted. 2 September 26, 1989 331 6-J: SALARY RATE, CIVIL ENGINEER/ARCHITECT: Resolution No. 7915 (CCS) entitled: uA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF CIVIL ENGINEER/ARCHITECT," was adopted. END OF CONSENT CALENDAR 6-G: STORM DRAIN POLLUTION CONFERENCE: Presented was a I recommenda tion to approve city sponsorship of a conference on storm drain pollution and a request to allocate funds towards conference expenses. Discussion was held. Mayor Pro Tempore Finkel moved to approve the City's sponsorship of the conference on storm drain pollution and allocate $20,000 from account number 01-700-274-00000-7785-00000, to facilitate conference planning activities, and that staff will report back to Council about the state of conference financing if additional funds are necessary. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-H: INDIVIDUAL WATER METERS/MULTI-UNIT RESIDENTIAL CONSTRUCTION: Presented was a recommendation to direct city Attorney to amend the Santa Monica Municipal Code requiring installation of individual water meters for each unit of new multi-unit residential construction. Member of the public Joy Fullmer expressed her concerns regarding the proposed Municipal Code amendlnent. Councilmember Reed moved to approve the staff recommendation and directed the City Attorney to amend the Santa Monica Municipal Code to require the installation of individual water meters for each unit of new mUlti-family residential construction; and increase the budget in Water Revenue Account No. 25-500-671-00000-236-10000 for Fiscal Year 1989-90 by $83,084. Second by Mayor Pro Tempore Finkel. Discussion was held. councilmember Genser moved a substitute motion that the item be continued, and that staff perform cost and benefit analyses so that council can use that information in making a determination as to whether Council wants the city Attorney to draft an ordinance. In response to councilmember Genser's concerns, Councilmember Reed amended her motion to include direction to the City Attorney to draft alternate language which would be available to the Council, if they choose to provide some sort of an exemption for public housing, so that such language would be before the City Council, and that staff be directed to perform additional research on the associated costs. The amendment was accepted as friendly by the motion's seconder. The motion, as amended, was unanimously approved. 6-I: LOS ANGELES COUNTY TRANSPORTATION COMMISSION/FIGHT GRIDLOCK ORDINANCE: Presented was a staff report transmitting a resolution in support of the Los Angeles County Transportation commission's fight gridlock ordinance and expenditure plan. Member of the public Joy Fullmer expressed her concerns regarding elements of the proposed County Ordinance. Discussion was held. 3 September 26, 1989 I 332 Councilmember Genser moved to approve the staff recommendation and adopt Resolution No. 7914 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE FIGHT GRIDLOCK ORDINANCE AND EXPENDITURE PLAN," reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was unanimously approved. 8-A: ZONING REGULATIONS FOR THE OCEAN PARK AREA: Presented was a staff report transmitting an ordinance for adoption and second reading amending Santa Monica Municipal Code Sections 9000.3, 9040.3, 9040.10, 9040.17, 9040.18, 9041.2, 9041.6, 9044.10, 9044.21, and 9113.3 and adding Sections 9002.10, 9035.1 through 9035.7, 9036.1 through 9036.7, 9037.1 through 9037.7, 9038.1 through 9038.7, 9039.1 through 9039.7, 9040.41, 9047.1 through 9047.3, and 9151.1 through 9151.7 relating to zoning regulations for the Ocean Park Area, introduced September 19, 1989. Discussion was held. Councilmember Genser moved to consolidate Council consideration of Items 8-A, and 8-B; an ordinance for adoption and second reading implementing the Comprehensive Land Use and Zoning Ordinance by amending the Interim Districting Map in the Ocean Park Area, introduced September 19, 1989; and hear from members of the public requesting to speak on these items. Second by councilmember Abdo. The motion was approved, Councilmember Jennings opposed. Members of the pUblic June Steel and Dorothea Brandt spoke in opposition to the proposed rezoning of Copeland Court. Councilmember Abdo moved to adopt Ordinance No. 1496(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 900.3, 9040.3, 9040.10, 9040.17, 9040.18, 9041.2, 9041.6, 9044.10, 9044.21, AND 9113.3 AND ADDING SECTIONS 9002.10, 9035.1 THROUGH 9035.7, 9036.1 THROUGH 9036.7, 9037.1 THROUGH 9037.7, 9038.1 THROUGH 9038.7, 9039.1 THROUGH 9039.7, 9040.41, 9047.1 THROUGH 9047.3, AND 9151.1 THROUGH 9151.7 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO ZONING REGULATIONS FOR THE OCEAN PARK AREA," reading by title only and waiving further reading thereof: and incorporate the findings as stated in the staff report for Item 8-A, dated September 26, 1989. Second by Councilmember Genser. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: Councilmember Reed Councilmember Reed requested that the record reflect that her no vote was because she thinks that the City is in violation of the spirit of the law in the Municipal Code, where the City is under the obligation to notify property owners of proposed zone changes. Councilmember Reed feels that Council does not know, and many Counci1members may not care to know what the people who own the property in Ocean Park think about this, because some Councilmembers are absolutely committed to doing this. 4 September 26J 1989 j..}j Councilmember Reed feels that it is wrong to not give people the basic information of what Council is doing. councilmember Katz moved to direct staff to prepare an amendment to Section 9035.7 eliminating the requirement that development in the single-family zone be subject to review by the Architectural Review Board. Second by Councilmember Reed. The motion was approved, Councilmember Genser opposed. a-B: INTERIM DISTRICTING MAP/OCEAN PARK AREA: Counci1member Abdo moved to adopt Ordinance No. l497(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IMPLEMENTING THE COMPREHENSIVE LAND USE AND ZONING ORDINANCE BY AMENDING THE INTERIM DISTRICTING MAP," reading by title only and waiving further reading thereof, and including the findings as stated in the staff report dated September 26, 1989. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: Counci1member Reed Councilmember Reed requested that the record reflect that her negative vote was for the reasons that she previously stated. 9-A: M. O. U .jMANAGEMENT TEAM ASSOCIATES: Closed Session. Considered following 10-A: DOG RUN AREA/MEMORIAL PARK: Presented was a staff report transmitting a recommendation to direct city Attorney to amend city Municipal Code to establish a dog run area on a six month trial basis at Memorial Park. councilmember Genser moved to hear from members of the public requesting to speak on this matter. Second by Councilmember Reed. The motion was unanimously approved. Member of the public Charles wingate expressed his concerns regarding the appropriateness of the site suggested for the proposed public dog run. Members of the public claudia Kallmeyer, Elaine Hoffman, and Jean Gennis spoke in support of the proposed public dog run. Discussion was held. Councilmember Katz moved to approve the staff recommendation, thereby directing the city Attorney to prepare a change in the Santa Monica Municipal Code Section 4115; approving the six month trial basis of a designated park area for dogs at Memorial Park; and approving the proposed rules for use. second by Mayor Pro Tempore Finkel. The motion was unanimously approved. II-A: PICO SEAGATE/HARDSCAPE AND LANDSCAPE IMPROVEMENTS: Presented was a staff report transmitting a recommendation to authorize the City Manager to negotiate and execute a contract with the Spurlock Office to create hardscape and landscape improvements designed by Newton and Helen Harrison for nFico Seagate. .. Council asked questions of staff. Member of the 5 September 26, 1989 I I 334 public Bruria Finkel addressed Council regarding the language to be incorporated in the artwork included in landscape and hardscape improvements. Mayor Pro Tempore Finkel moved to approve the staff recommendation and authorize the city Manager to negotiate and execute Contract No. 5441(CCS) with the Spurlock Office to implement the proj ect designed by Helen and Newton Harrison; to approve the expenditure and revenue budget adjustments indicated in the staff report dated September 26, 1989; and to delete the final determination by the city Attorney that the text to be embedded in the pavement is neither libelous or obscene. Second by Councilmember Genser. Councilmember Reed moved to amend the motion so that the text of the artwork should be made known to the Council prior to the Coastal Commission permi t being submitted to the Coastal Commission. Second by Councilmember Jennings. Discussion was held. The motion to amend the main motion failed by the following vote: council vote: Affirmative: councilmembers Jennings, Reed Negative: councilmembers Abdo, Finkel, Genser, Katz, Mayor Zane The motion to approve the staff recommendation, as amended by Mayor Pro Tempore Finkel, was approved by the fOllowing vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: Councilmember Reed Councilmember Reed requested that the record reflect that her reason for voting "no" is that she is being denied some information about this project, which she seeks to obtain. Il-B: BALLOT INITIATIVES/SAVE OUR BEACH/SANTA MONICANS FOR A LIVABLE ENVIRONMENT: Presented was a staff report transmitting information concerning ballot initiatives sponsored by Save Our Beach (SOB) and Santa Monicans for a Livable Environment (SMLE) Commi ttees . Council asked questions 0 f staff. Member of the public Joy Fullmer spoke in opposition to expending public funds to include either of these two initiatives on any local ballot. Member of the public Sharon Gilpin addressed Council regarding concerns expressed by staff over the Save Our Beach Initiative. Member of the public Paul Rosenstein spoke in support of the Santa Monicans for a Livable Environment initiative. Councilmember Reed moved to direct the City Clerk to place both of these measures on the ballot for the regular municipal election scheduled for November 1990. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 ll-C: CLOSED SESSION: Considered at the end of the meeting. 6 September 26, 1989 335 12-A: APPEAL OF PLANNING COMMISSION/ACCESSORY STRUCTURE/617 ALTA AVENUE: presented was a staff report transmitting an appeal of the Planning Commission denial of Conditional Use permit 89-021 to allow the construction of an accessory structure over 14' in height in the Rl district. Applicant/Appellant: Kate and Andrews Summers. Council asked questions of staff. Councilmember Katz moved to extend the meeting to 12: 00 a.m. I Second by Councilmember Reed. The motion was unanimously approved. Applicant/Appellant Kate Summers and Architect Mark Mack spoke in support of the appeal. Members of the public stanle.y Terebinski, H. R. Horst, Nina Terebinski, and Arthur pereira spoke in opposition to the appeal. Leslie Leutweiler spoke in support of the appeal. Architect Mark Mack spoke in opposition to comments made by the public in opposition to the appeal. Counci1member Katz moved to uphold the decision of the Planning commission, deny the appeal, and deny C.U.P. 89-021 based on the findings contained in the Planning Commission statement of Official Action. Second by Counci1member Reed. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Counci1members Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Negative: councilmember Genser councilmember Katz moved to direct staff to examine the appropriateness of allowing the Architectural Review Board to grant modifications on side-yard set-back requirements without noticing a public hearing. Second by Councilmember Reed. The motion was unanimously approved. 12-B: APPEAL OF PLANNING COMMISSION/OFFICE AND APARTMENT BUILDING/2900 WILSHIRE BOULEVARD: Presented was a staff report transmitting an appeal of Planning Commission denial of CUP 512, DR 446, ZA 5345-Y, EIA 872, located at 2900 Wilshire and 1217 Yale street. Applicant/Appellant: Zealund corporation. Carol Waldrop spoke on behalf of the applicant/appellant, in support of the appeal. Members of the public Ben Zuckerman, Janet Napier, Fred Grohgan, and Michael Brourman, spoke in opposition to the appeal. Mayor Pro Tempore Finkel was absent from the Council dais from 11:47 p.m., to 12:15 a.m. Discussion was held. Mayor Zane moved to extend the meeting to 12:30 a.m. Second by Counci1member Reed. The motion was approved, Councilmember Katz opposed. Further members of the public, Jack Baptista, Conrad Melil1i, Pat Burke, Paul Rosenstein, and Donald Lewin Nelson spoke in opposition to the appeal. L. W. Kempf and Carol Waldrop spoke on behalf of the applicant/appellant in rebuttal to comments made by members of the pUblic. At 12:00 a.m., councilmembers Katz and Jennings left the meeting. Councilmember Abdo moved to uphold the planning Commission's denial of Conditional Use Permit 512, Development Review 446 and Variance 5345-Y subject to the findings stated in the staff report dated September 26, 1989. Second by Councilmember Reed. Discussion 7 September 26, 1989 336 was held. Mayor Zane moved to extend the meeting to 12:45 a.m. Second by Councilmember Genser. The motion was approved, councilmembers Jennings and Katz absent. The motion to uphold the decision of the Planning Commission was approved by the following vote: I council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Reed, Mayor Zane Absent: Councilmembers Jennings, Katz At 12:40 a.m., Councilmember Reed left the meeting. 14-A: APPOINTMENTS TO BOARDS AND COMMISSIONS: Presented was the matter of the appointment of members to Boards and Commission, continued from September 19, 1989. Mayor Zane opened the floor to nominations to fill a vacancy for a four year term on the Architectural Review Board. Mayor Pro Tempore Finkel nominated Rodney Punt. There being no other nominations, Rodney Punt was appointed to the Architectural Review Board by acclamation for a term expiring June 30, 1993. Mayor Zane opened the floor to nominations to fill a vacancy for a one year unexpired term on the Arts Commission. Mayor Pro Tempore Finkel nominated Charlotte Houghton. There being no other nominations, Charlotte Houghton was appointed to the Arts Commission by acclamation for a term expiring June 30, 1990. Mayor Zane opened the floor to nominations to fill a vacancy for a four year term on the Landmarks Commission. Councilmember Genser nominated incumbent Fran Hernandez. There being no other nominations, Fran Hernandez was reappointed to the Landmarks Commission by acclamation for a term expiring June 30, 1993. Mayor Zane opened the floor to nominations to fill a vacancy for a four year term on the Social Services commission. Mayor Pro Tempore Finkel nominated John Smith. There being no other nominations, John Smith was appointed to the Social Services commission by acclamation for a term expiring June 30, 1993. Mayor Zane opened the floor to nominations to fill a second vacancy for a four year term on the social Services commission. Mayor Pro Tempore Finkel nominated Harold Dunnigan. There being no other nominations, Harold Dunnigan was appointed to the Social services Commission by acclamation for a term expiring June 30, 1993. Mayor Zane opened the floor to nominations to fill a vacancy for a four year term on the Accessibility Appeals Board. Councilmember Genser nominated Sandra Burnett. There being no other nominations, Sandra Burnett was appointed to the Accessibility Appeals Board by acclamation for a term expiring June 30, 1993. 8 September 26, 1989 337 Mayor Pro Tempore Finkel moved to continue the appointments to all remaining vacancies to the next regularly scheduled Council meeting. Second by Councilmember Abdo. The motion was unanimously approved, Councilmembers Jennings, Katz, and Reed absent. 14-B: OUTDOOR DISPLAYS ON THIRD STREET PROMENADE: Presented was I the request of Mayor Zane to discuss outdoor displays for book stores on Third street Promenade. Mayor Zane ini tiated discussion and moved to direct staff to examine this issue, consult with the Bayside District corporation, and return to Council with a recommendation on this matter. Second by Councilmember Abdo. The motion was unanimously approved, Councilmembers Jennings, Katz, and Reed absent. 14-C: COUNCIL CHAMBERS FEE/AMERICAN ASSOCIATION OF UNIVERSITY WOMEN: Presented was the request of Mayor Zane to discuss wa1v1ng of fee for the use of the Council Chambers by the American Association of University Women on saturday, November 4, 1989. Mayor Zane moved to waive the fee for the use of the Council Chambers by the American Association of University Women. Second by Councilmember Abdo. The motion was unanimously approved, Councilmembers Jennings, Katz, and Reed absent. 14-0: AIDS AWARENESS MONTH: Presented was the request of Councilmember Abdo to discuss Aids Awareness Month. Councilmember Abdo initiated discussion and moved to change the City'S observance of AIDS Awarness Month from April to October, starting next year. Second by Councilmember Genser. The motion was unanimously approved, councilmembers Jennings, Katz, and Reed absent. ll-C: CLOSED SESSION: At 12:45 a.m., Council adjourned to Closed Session for the purpose of considering personnel matters. At 12:53 a.m., Council reconvened with Councilmembers Abdo, Finkel, Genser, and Mayor Zane present. 9-A: MEMORANDUM OF UNDERSTANDING/MANAGEMENT TEAM ASSOCIATES: Presented was a recommendation to adopt a resolution approving Memorandum of Understanding with Management Team Associates. Mayor Pro Tempore Finkel moved to adopt Resolution No. 7916 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT TEAM ASSOCIATES," reading by title only and waiving further reading thereof, thereby approving Contract No. 5440(CCS). Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: councilmembers Jennings, Katz, Reed 9 September 26, 1989 I 338 15. PUBLIC INPUT: There were no members of the public wishing to address Council. ADJOURNMENT: At 12: 55 a. m., the meeting was adj ourned to 6: 30 p.m., october 3, 1989, in the Main Hall of the Santa Monica civic Auditorium, for the purpose of considering Item 7-A regarding the development of a mixed use commercial project on the Santa Monica Airport Residual Land property. ATTEST: APPROVED: ~~~~ Clarice E. Johnsen City Clerk p~ ') ~ ~ Dennis Zane Mayor 10 September 26, 1989